Columbus OVI/DUI Attorney Blog
As of today, recreational marijuana use is legal in Ohio. What is not legal is operating a vehicle under the influence of marijuana. Ohio has five laws related to cannabis and cars, and those laws remain unaffected by Ohio’s legalization of recreational marijuana.
Ohio’s Five Laws Related to Marijuana and Vehicles
- Operating a Vehicle Under the Influence of Marijuana
Ohio Revised Code section 4511.19(A)(1)(a) prohibits operating a vehicle ‘under the influence’ of a drug of abuse. According to Ohio Revised Code section 4511.181, marijuana is a drug of abuse. A person is ‘under the influence’ of marijuana if the marijuana adversely affects and noticeably impairs the person’s actions, reactions, or mental processes and affects the person’s nervous system, brain, or muscles to impair, to a noticeable degree, his/her ability to operate a vehicle. This law is concerned with impaired driving ability and is not dependent on a specific drug concentration in a person’s blood or urine. - Operating a Vehicle with a Prohibited Concentration of Marijuana
Ohio Revised Code section 4511.19(A)(1)(j)((vii) prohibits operating a vehicle with certain concentrations of marijuana in one’s blood (2 ng/mL) or urine (10 ng/mL). This section cannot be enforced, as a person cannot have marijuana in their blood or urine. When marijuana is ingested, it is metabolized and is no longer ‘marijuana’ when it reaches the blood and urine. To be enforceable, this section should use the term ‘THC’ rather than ‘marijuana’. - Operating a Vehicle with a Prohibited Concentration of Marijuana Metabolite
Ohio Revised Code section 4511.19(A)(1)(j)((viii)(II) prohibits operating a vehicle with certain concentrations of marijuana metabolite in one’s blood (50 ng/mL) or urine (35 ng/mL). This section is commonly called a ‘per se’ OVI law: it is per se (by itself) illegal for a person to operate a vehicle with a prohibited concentration of marijuana metabolite in their blood or urine, even if the person’s driving ability is not impaired. - Operating a Vehicle Under the Influence AND with a Prohibited Concentration of Marijuana Metabolite
Ohio Revised Code section 4511.19(A)(1)(j)(viii)(I) prohibits operating a vehicle while under the influence and while having certain concentration of marijuana metabolite in one’s blood (5 ng/mL) or urine (15 ng/mL). This section has lower prohibited concentrations than the ‘per se’ section, but the prosecution must also prove the person’s driving ability is impaired. - Having Physical Control of a Vehicle Under the Influence
Ohio Revised Code section 4511.194 prohibits being in physical control of a vehicle while ‘under the influence’ or with a prohibited concentration of marijuana/marijuana metabolite. The prohibited concentrations are the same as those for OVI in Ohio Revised Code section 4511.19. The difference between this law and the OVI law is OVI requires operation of the vehicle, while this law requires only ‘physical control’ of the vehicle. ‘Physical Control’ means being in the driver’s position of the front seat and possessing the vehicle’s ignition key or key fob. The penalties for Having Physical Control of a Vehicle Under the Influence are less severe than the penalties for OVI.
These five Ohio laws related to marijuana and vehicles were not changed when recreational marijuana was legalized. In addition, the legislation legalizing recreational marijuana use also prohibits smoking and vaping cannabis in a vehicle. With the anticipated increased use of marijuana, we expect an increase in OVI charges based on marijuana use.